1. Secondly, if the start date is very soon, can I join the company say a week or 2 after the start date. Did your h1b approve for stamping? Actually I have my H1B ammendment filed for relocation and it is in progress. If this is the case, I dont have any visa slots before Feb 2021(My OPT end date) in India. Your visa stamp will reflect the I-797 validity. Typical H1B visa start date would be October 1st if the application was submitted during the month of April. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer. For how much time can I be on this visa without stamping? Travel while H1B Pending (Extension, Transfer, Amendment, COS) If I do not adjust my status to H1B after my E2 visa expires and leave the US, what would happen to my H1B visa? While it would be preferable for the USCIS to provide this guidance in a more formal matter (e.g., adding this to the USCIS Policy Manual), at least the letter provides a measure of confidence for foreign nationals who have to travel before the start date of an approved H1B petition goes into effect. Hi, My husband recently changed from H1 to B2( still pending status, not yet approved). Im sure, it should be been a roller coaster ride from H1B Visa application, Lottery to receipt notice. Thank you for the answers, Rao and Raghuram! I just got my H1B approved. Please can you share pros and cons for both the options or are they correct options to chose. Is there a problem if I travel to India in November? Or should I choose the drop box option after I get my initial H1 stamped. The initial registration period for the 2024 H-1B Visa cap will open today March 1 at noon EST and run through noon EST on March 17, 2023. I started working since 6 months in pretty big company. So, moving the example to the present time, on May 1, 2022, the employer filed an H1B petition with an October 1, 2022 start date. yes , responded to RFE in NOV 2015 . I received my H1B approval notice yesterday. H1B to F1 Process and Timeline for Indians : r/h1b Am I considered out of status ? Hi Currently I am working on H4 EAD status on W2 with employer X. I applied for H1B with employer Y, luckily I got approved H1B valid from October 1st. 4)Can the new company utilize my approved petition? The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. My OPT is valid until October 12th. L1/L2 extension is also being applied by company. Also, my previous employer visa is currently stamped on my passport which has validity till Mar-2021 while my I-94 is valid till the same date. My joining date with other employer is after 3 weeks. Does this mean that my Petition has been wasted or in future I can extend the same Approval Notice even if I have never travelled to US while it was valid. Visit this page frequently to know the latest updates. My H1B has been approved and I am currently in USA. Do I need to leave the country ? I am go to apply for H1 B extension. So, will my last year case have any impact on this year, as I didnt go last year. Do I need to immediately travel outside of U.S. and get my first H1B stamping or Can I continue my Work on H1B ?? Dont try to save on FICA taxes . For H1B ,Is ther need to submit my Birth certificate since my date of birth is different in College certificate and Birth certificate. did your employer provided you a copy of h1b petition application to you? Do I also have to inform my University of the COS? The H1B petition is approved on July 1st. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Now my employer is telling me to go for stamping with client A documents. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans. Is there a final date where I would need to take on my H1B visa? Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. I would like to know what would be my options if Id like to extend my petition. My current project is ending on Dec 28th 2018. 2. I am on L1 visa which is expiring on Aug 1st week , meanwhile last year H1 picked up in Lottery. Here I got some confusions.. 1. Your email address will not be published. Most visa applicants must appear at a consulate for personal interviews. Then I would have the H1-B and he could transfer to the H4 Visa and apply for EAD. Which category does this come under. My H1 extension got approved under PP on 30th Nov 2015 as per USCIS website. Im in the very same situation as you were in. H1B will have a start date, so you can enter upto 10 days before the start date. Is it ok to wait for more than 3 momths after my H1 approval? Hi Raghu, In my approval notice my location consulate location is mentioned as Chennai , India. My company applied for the H1B but are now saying that there are no projects. Approved H-1B Visa Petition with Change of Status. to transfer you need the approval and EAC #. See the questions in there. I would need to H1B, F1 respectively. Since then i am in india, and did not attend US consulate for stamping. Or my H1B has to be stamped in my passport to be eligible for employer change? You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be activated. Ill be travelling from New York to India via Air France and my layover is in Paris-Degaulle airport. H1B Transfer & Change of Employer - Full Guide (2023) i read from various web sites saying generally people go to either MEXICO or CANADA. Will the company C file new H1B (on what basis) . For ex. how soon and in what way I can travel to the USA ASAP. This is because your Change of Status was automatically abandoned by USCIS when you stepped out of the USA. Close All Open All Cap-Gap Extensions Eligibility for an Extension Although the I-94 card reflecting the H1B change predates the latest I-94 update entered electronically at the port of entry, the change of status to H1B does not become effective until October 1, 2022, after the persons entry into the United States. I am getting my H1-B start date as 1st Dec 2010. 5. Also, I went on unpaid leave from Oct 2, 2019 after learning my SEVIS record had been completed. I have got an H1-B approval without COS and my H1-B starts from Oct 1st, 2019 and when I check the I94 status its presented the expiration date are D/S. So i wanted to schedule the H1B interview by the second week of Oct-09. I have the same situation , My H1B got approved and COS is denied , Start date from oct 1st 2019 to Dec 31 2019 is my validity, is it too risky to go stamping to home country. Or should I do the same my employer has asked me to do. F1 to H1B: Your status will change to H-1B from the H-1Bs start date, even if the OPT period is valid for a few more months. I also have a scanned copy of all the pages of my stolen passport which includes the copy of my F1 visa that expires in July 2018.. Plus, check to make sure your H1 is not withdrawn. 1. your status will change only after applying for SSN ,till then you will be on H4 status Is totally wrong. 2) Can I travel on H4 with Approved H1B(no COS) during Nov end/Dec 2016 and return back to US on H4. My attorney had filed for a petition for H1B Visa in Apr 2020 and it got approved in Aug and I got the I-797B Notice of Action as well. If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please checkthis article for more information about the benefits and drawbacks. Dhara In order to apply for change of status, the applicant must still be in a valid status. I am in a similar situation. 1. I have a touristic trip planned in the US in 2 weeks and wont have the time to get my Visa stamp at the embassy by then. Hi Raghu, If you have your H-1B approved, have to get the H1B stamp before entering America. Thats the reason why both of us participated in the H-1B lottery this year but only I got selected. You need to ask an Attorney. Is there any company who can do H1 B visa can just reply me. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval. I dont know if you can start working if online status says approval. If Middlebury will file a new H1B petition with a change of status for you (meaning you are in the U.S. in another status and need to change to H1B status), then you should NOT travel until after the approval is received. Are some people still awaiting their h1b visa approval? From April 1 your status will be H1. 1) Due to the nature of my project, it may be difficult to travel to my home country within a short notice. As my visa tenure is only for one year , and my amendment transfer is going to filed on August last week . I have asked US HR already and they advise that travel is possible with the FedEx receipt number. I applied for H1-B in 2007 and it was approved. 2. 4. This means I will not be able to transfer it to a new employer. Hello, What happens to my H1 b status? Check withthe US consulate on the earliest time and date to appear for your H-1B visa stamping interview. In this she cannot travel and neither u can extend her i-94 based on ur new petition. I have been postponing travel abroad because it is not suggested while approval is in process. I have not gone for stamping yet. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Departments Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. 2. After that, I changed Employer without stamping. Thanks for the great information. They may refile or do a MTR. My H1 transfer is approved by employer B (new employer) and I received an approval notice. Would my H1B visa expire at some point if I do not adjust my status? Are you able to transfer? Heres my opinion: Always consult an immigration attorney to get your questions clarified. After your H1B Visa is approved, you have to follow the path back from USCIS. I can return back to work to the same employer or different employer after few months. Will my extension application be cancelled and do I need to apply again? As per the agreement with my current Singapore employer I can not take casual leaves during my probationary period, till Sep-09. Talk to your Employers attorney. My H1B visa is showing approved now. can I travel and come back without any problem? You can stay as long as you like on H1 without traveling , I am going to file for H1B next year. I came the USA in September 1st 2017 with taking F1 visa for 1 year.Basically my visa has been EXPIRED already in August 2018 but I kept continue to stayed in here to make my English better.During this time period I went language school and made my language better and I got the acceptance letter for master degree for January 2020. We sent you a notice that explains why we moved your case. Please help addressing tis issue. Hi Raghu, I got My H1b approved and started from October 1st, 2019. You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. You should try to transfer before they withdraw. I live inside USA and I have valid status. They applied for my H1B visa and I just got all the documents from them. Will that be enough to show employer and employee relationship or still end client letter is required ? I think I answered the question with my previous reply , My employer had applied for h1b for fy 15-16 for client ABC and h1b petition got approved buy my client has changed to XYZ for same employer. Sorry, They gave Master service agreement and PO copy between them and client. You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. But She didnot gave me any slip but she got my passport and the H1B amendment reciept. Let's look at how it works and why USCIS will abandon your COS application. You can ask an Immitorney via Ask an Attorney https://www.happyschools.com/ask-an-attorney/. Currently i am staying in Kuwait for some project work. Can I travel to India after the case is approved and re-enter USA with the valid F1 visa? Can you tell me as per your experience, are they gonna change this status after sending 797( sent or something)? Will my current H1-B application get rejected because i dont have these details? 2. Mine got approved on 12 Nov, Still waiting for 797. in the US, Im in the same location and same client. Now things here are going good so thinking to change to new client and new location again. 1. Looking forwardat your best advice. can i work for my new employer on the portability of my h1b by act 21 or should i leave the country and come back when it get approved. Current Status OPT Else when is the earliest to do that?? I have sent them my approval notice also. would there be any problem returning US at the port of entry ? There is no grace period. You have to get the documents first. Can they apply before October 1? I am MS Graduate.I am on OPT extension its valid till 03-15-2011 and i have valid f1 visa. Travel Check List for H-1B - International Students and Scholars Office However, some applicants may be eligible for an interview waiver (please click here for information on Nonimmigrant Visa Interview Waivers). Now, I am wondering if I am unable to get the above position. I was working on h1b visa in usa from 1-2 years for same client. But still, I am not able to fly to US, as my employer is not sending me to US due to some professional rivalry reasons. Is my petition still valid and can be considered for cap exemption.? The travel does not invalidate the previously-approved USCIS change of status effective from a future date. You should have the approval notice (I-797) form. Sharad. I would like to know if this will cause any problems when i go to India for my H1 Stamping?? So can i go to home country and stamp H1 on Aug 1st week or 2nd week. Please let me know. That will answer all your questions . You do not need to present your original I-797 approval notice when you apply for entry into the U.S. Could you kindly please provide me some guidance on below question? By paying additional $1225 fee, H1B Visa applicants can request processing of, The Tracker for H-1B Visa Cap count updates from USCIS for FY 2010. Thanks for the detailed reply. thank you. However I have a bit tricky situation. Can I travel outside US now ? 2. Hey You will need to submit new ds-160 to update the employer. My situation is my employer is ready to H1b again in April 2019 with the same client where I am working now. I would list where you are working right now as current employment. Can I travel to home country and return without getting my H1b stamp? When applied for SSN, she did not receive it even after 4 weeks and SSN officer said it's still waiting for immigration. How long does it take to recived the hard copys to my petitioner? F1 got approved early so entered in to US as F1 Status on july 29 2015 and I-129 approved on july 31 2015 as my h1b is not applied with COS it dint changed the status automatically . document posted to employer and I am a resident of UAE and Indian Citizen, Should 3. Please correct your article. Is this possible? It will say Post-Decision Activity. If COS is approved, your L1 is gone! I d like to know How long is the approved petition valid for and when last can travel to US ? I am currently in India, I got my H1B Picked and yet to be approved. Due to some reasons their department HOD is not going to sign the OPT form. I will started working with new employer next month . I'm Indian, rightnow doing job in Singapore. I agree with your attorney. if yes then how. What is Premium Processing? I believe there are some options, but all of them are not ideal. Im not sure how USCIS treats the approved petition. Were you able to find out whether we can apply for COS or how did you go forward? Did you get the answer of yr question? My petitioner has sent me WO agreement between petitioner and client for whom I will work. Timing is upto you based on your circumstances. Should I Marry an American Citizen to Stay in USA? I am on F1 Opt working for a company. #2 Change of Status DENIED I filed the petition under masters quota and with COS . You can also request a "Travel Letter" from our office. If I wait until my H1b is approved, Can I change my status to H4 back and then can I travel or wud this create any complications, coz once h1b is approved they say pay stub has to be generated. I have got a valid H1b approved petition from my current employer. My employer says it could take upto 4 weeks. You need to apply via lottery. 08 Aug 2022 In 2004, the U.S. Please advise. Can I get to continue to work with my current visa status (L1, L2 or OPT)? or will it be a new h1b and i will be placed in lottery? Wanted to know if my visa is unstamped before the petition expires, What option will I be left with ? From time to time, clients of the Murthy Law Firm are referred to articles, like this one, originally from May 6, 2005, which remains relevant and has been updated for our readers. ), Copy of the I-797 Approval Notice for the H-1B petition*, Your machine-readable passport** (valid for at least six months beyond your intended period of stay), Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job.

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